When someone close to you passes away, their estate must be properly managed and distributed to the appropriate beneficiaries – otherwise known as the process of administering an estate. One of the first questions that often arises is: Do we need to apply for Probate?
At Resolve Estate Law, we understand that navigating the legal process after losing a loved one can feel overwhelming. The good news is that it doesn’t have to be, Probate is not necessary in every Estate, but in some cases, it is essential to ensure the Executor can properly administer the Estate.
Here’s what you need to know about probate in Queensland, when it’s required, and what’s involved in the process.
What is Probate?
Probate is a legal process where the Supreme Court of Queensland formally recognises a deceased person’s Will as valid and confirms the authority of the named executor to administer the estate. The official document granted by the court is called a Grant of Probate.
Once probate is granted, the executor can legally collect estate assets, pay debts, and distribute inheritances to beneficiaries in accordance with the Will.
Do You Always Need Probate in Queensland?
The short answer is no—probate is not always required. Whether an estate needs Probate depends on:
- The type and value of assets held by the deceased – some institutions (such as banks, share registries, and superannuation funds) may require Probate before releasing funds. If the estate consists mainly of small bank accounts and personal possessions, Probate may not be necessary.
- How assets are held (or owned) by the deceased – if they owned assets jointly with someone else (e.g., a home owned as joint tenants), those assets will usually transfer to the surviving owner by virtue of the legal principle known as ‘survivorship’ regardless of what their Will says.
- The institution holding the assets – Each institution has its own threshold or rules for when they require Probate. Some may release funds for smaller estates without requiring a Grant of Probate while others may not.
- Whether there are any disputes relating to the Estate – if there is any uncertainty about the validity of the Will, or if there is a risk of a family provision claim being brought (a claim brought by a spouse, child or dependant of the deceased for further or better provision from the Estate) obtaining probate may be advisable to confirm the Executor’s authority to deal with and resolve such dispute/s.
If you’re unsure whether Probate is needed for an estate, our experienced estate administration lawyers can guide you through the decision.
When Is Probate Required?
Probate is usually required if:
- The estate holds substantial assets, such as large bank balances, shares, or real estate solely in the deceased’s name.
- Most banks, share registries, or other financial institutions require a Grant of Probate before they will allow the Executor to deal with those assets,
- There is uncertainty about the validity of the Will or a potential dispute among beneficiaries
- The deceased owned property without a surviving joint owner and the property needs to be transferred or sold.
- The Executor wants certainty and confirmation of their role, before they commence the estate administration. A Grant of Probate provides an Executor with protection and proves their legal standing, so even if the estate is small or without the complexities listed above, an Executor might still choose to apply for Probate.
What if there is no Will?
If a person passes away without a Will, a Grant of Letters of Administration (Intestacy) must be applied for. The application involves similar process, however as there is no Will (where the deceased has named a trusted person as Executor) the Court appoints an Administrator (similar to an Executor) to the role of managing, calling in and distributing the estate.
Because there is not Will providing authority to a person, the law sets out an ‘order of priority’ of people who can apply to become the Administrator of an estate. All ‘intestate’ estates require a Grant of Letters of Administration to confirm the appropriate person authorised to administer the estate.
This process can be more complicated than Probate, particularly where multiple family members wish to be appointed as Administrator. If you’re in this situation, seeking legal advice early can help avoid additional cost, complexity and unnecessary delays.
Need Help with Probate?
If you’re an executor wondering whether Probate is necessary—or if you need help navigating the Estate Administration process—Resolve Estate Law is here to assist.
We specialise in estate administration and contested estates, ensuring that executors and families receive expert guidance and support. Whether you need assistance applying for probate, handling complex assets, or dealing with disputes, we’ll provide clear, practical advice every step of the way.
Contact us today to begin the conversation with a free 15-minute Clarity Call with our Senior Paralegal, Nanci Sergi to discuss how we may be able to assist.
